Rapper facing firearm charge after found with Taser in New York

On behalf of Jasne & Florio, L.L.P. posted in Weapons Crimes on Wednesday, October 24, 2012.

Recently, DJ Paul, a member of the rap group Three 6 Mafia, was arrested after leaving a New York restaurant and charged with weapons possession and public drinking. The rapper was arrested when spotted by New York police drinking an open container of beer after leaving a local restaurant, and a search of his person turned up a taser gun. DJ Paul claimed to carry the taser gun for personal protection. He was released after pleading not guilty to the charges, and is due back in court in December.

Courts treat firearms charges and violent crimes extremely seriously. Defendants convicted of these offenses may face jail time and substantial fines, in addition to negative repercussions relative to employment, housing and immigration. These issues can have a severe negative impact upon a person's quality of life and personal freedom.

In a case involving weapons possession, it is important to consider what constitutional rights of the defendant will come into play. First, there is the issue of whether or not there was probable cause to search the individual, and whether or not the search and seizure of the evidence violated the individual's Fourth Amendment rights. There is also the issue of whether or not the evidence was found in an area where the person would have a reasonable expectation of privacy.

Anyone accused of a weapons charge is entitled to a vigorous criminal defense. He or she is legally entitled to challenge the constitutionality of the search and seizure and to challenge the admissibility of any evidence presented by the state. A defendant accused of a weapons charge has the option to fight to protect his or her freedom.

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